BILL NUMBER: SB 428	CHAPTERED  10/10/99

	CHAPTER   1011
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 10, 1999
	PASSED THE SENATE   SEPTEMBER 10, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 9, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 8, 1999
	AMENDED IN ASSEMBLY   AUGUST 17, 1999
	AMENDED IN SENATE   MAY 28, 1999
	AMENDED IN SENATE   APRIL 27, 1999
	AMENDED IN SENATE   APRIL 14, 1999

INTRODUCED BY   Senator Perata

                        FEBRUARY 16, 1999

   An act to add Title 7.10 (commencing with Section 66540) to, and
to repeal Section 66519 of, the Government Code, relating to
transportation.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 428, Perata.  Transportation:  San Francisco Bay Area Water
Transit Authority.
   (1) Existing law authorizes the Metropolitan Transportation
Commission to develop and adopt a long-range plan for implementing
high-speed water transit on the San Francisco Bay.
   This bill would repeal the authority of the commission to adopt a
long-range plan for implementing high-speed water transit on the San
Francisco Bay.  The bill would create the San Francisco Bay Area
Water Transit Authority, and would require the board of directors of
the authority to consist of 11 members to be appointed and selected,
as specified.  The bill would prescribe the terms of the directors on
the board.  The bill would require the board to employ a chief
executive officer and a general counsel and to convene a community
advisory committee and a technical advisory committee.  The bill
would require the board to prepare and adopt a San Francisco Bay area
water transit implementation and operations plan, and to operate a
comprehensive bay area regional public water transit system, as
prescribed.  The provision of the water transit plan would not become
operative until the Legislature, by statute, approves the plan.  The
bill would prescribe related matters with regard to the powers and
duties of the authority.
   The bill would impose a state-mandated local program by imposing
those duties on the authority.
   The bill would require the commission to cooperate with the
authority to prepare the plan by performing certain functions.  The
bill thereby would create a state-mandated local program by imposing
additional duties upon the commission.
  (2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 66519 of the Government Code is repealed.
  SEC. 2.  Title 7.10 (commencing with Section 66540) is added to the
Government Code, to read:

      TITLE 7.10.  SAN FRANCISCO BAY AREA WATER TRANSIT AUTHORITY

   66540.  Unless the context otherwise requires, the definitions set
forth in this section govern the construction of this title.
   (a) "Authority" means the San Francisco Bay Area Water Transit
Authority created by Section 66540.1.
   (b) "Board" means the board of directors of the authority.
   (c) A "public water transit operating agency" is any general
purpose local government or special district that operates or
sponsors water transit, including, but not limited to, those water
transit services provided under agreement with a private operator.
   66540.1.  There is hereby created the San Francisco Bay Area Water
Transit Authority.
   66540.2.  (a) The authority shall be governed by a board comprised
of eleven members as follows:
   (1) Eight of the members shall be appointed as follows:
   (A) Four members shall be appointed by the Governor.
   (B) Two members shall be appointed by the Senate Committee on
Rules.
   (C) Two members shall be appointed by the Assembly Committee on
Rules.
   (2) (A) Except as provided in subparagraph (B), three members
shall be members of the community advisory committee established
under Section 66540.14, and shall be selected by, and serve at the
pleasure of, that committee.
   (B) For the first eight-year term only, the governing board of any
public water transit operating agency that provided service prior to
June 30, 1999, that is not represented by one of the two locally
elected officials specified in paragraph (2) of subdivision (b) may
designate a person who is or will be its representative on the
community advisory committee to be a member of the board.  The person
designated under this subparagraph shall be appointed, immediately
upon designation, to not more than one eight-year term, concurrently,
on the board and the community advisory committee.
   (b) (1) From his or her appointees, the Governor shall designate
one member as the president of the board and one member as the vice
president of the board.
   (2) The six remaining members of the board appointed pursuant to
paragraph (1) of subdivision (a) shall consist of a representative
from the maritime industry, a representative from the transit
industry, a biological resource specialist, two locally elected
officials, and a representative from the public at large who is a
regular user of the water transit services of the authority.  For the
first eight-year term only, one of the locally elected officials
shall represent a public water transit operating agency that provided
service prior to June 30, 1999.
   (c) Each member of the board shall be a resident of a county in
the region described in Section 66502.
   (d) In making the appointments, the appointing authorities shall
make every effort to ensure that the board is geographically
balanced, but only to the extent consistent with the requirements of
this title.
   (e) Each member shall have one vote, except that the president of
the board shall have two votes if there is a tie vote and the member
representing the community advisory committee has not yet been
appointed as required under paragraph (2) of subdivision (a).
   (f) No local jurisdiction or public water transit operating agency
may have more than one representative on the board of the authority.

   66540.4.  The initial terms of the appointed directors shall be
eight years.
   66540.6.  Upon the expiration of the eight-year terms described in
Section 66540.4, two directors shall be appointed to serve until
February 1, 2010, two directors shall be appointed to serve until
February 1, 2011, and four directors shall be appointed to serve
until February 1, 2012.
   66540.8.  (a) A director may be compensated at the rate of one
hundred dollars ($100) per day for performance of his or her duties.
The compensation authorized under this subdivision may not be for
more than five days in any month.
   (b) A director shall be compensated for his or her necessary,
actual expenses incurred in the discharge of his or her duties.
   66540.10.  The board shall employ a chief executive officer who
shall have charge of administering the affairs and responsibilities
of the authority, subject to the policy direction of the board.  The
chief executive officer, subject to the approval of the board, shall
oversee the hiring of employees necessary to carry out the functions
of the authority.
   66540.12.  The board shall employ a general counsel, responsible
for managing the legal affairs of the authority, and the board may
employ additional legal staff, contract for private legal counsel,
and contract with state agencies for legal services.
   66540.14.  Not later than six months from the date of the first
meeting of the board, the chief executive officer, with the advice
and consent of the board, shall convene a community advisory
committee to assist and advise the board in carrying out its
functions.  The community advisory committee shall meet on a regular
basis.  The community advisory committee shall include one member
representing each local jurisdiction in which a water transit
terminal exists or is proposed, and one member representing each
special district providing public water transit services.  Unless
appointed under subparagraph (B) of paragraph (2) subdivision (a) of
Section 66540.2, the members shall be appointed by the county board
of supervisors and the city council of each county or city in which a
water transit terminal is located or is proposed to be located, with
one member appointed by the Golden Gate Bridge Highway and Transit
District.  The community advisory committee shall appoint one of its
members to the board.
   66540.16.  (a) Not later than six months from the date of the
first meeting of the board, the chief executive officer, with the
advice and consent of the board, shall convene a technical advisory
committee to assist and advise the board in carrying out its
functions.  The technical advisory committee shall meet on a regular
basis.  The technical advisory committee shall consist of members
representing local, regional, state, and federal agencies, operating
ground transportation agencies, and operating water transit services.

   (b) Additional members shall include at least one member who
represents each of the following interests:  fish and wildlife,
recreational boating, private environmental protection entities,
business, real estate development, architecture, urban planning,
private sector vessel operators, and organized labor, as well as the
public at large.
   66540.18.  The board shall properly notice and conduct its
meetings in accordance with the Ralph M. Brown Act (Chapter 9
(commencing with Section 54950) of Part 1 of Division 2 of Title 5 of
the Government Code).
   66540.20.  (a) The authority shall prepare and adopt a San
Francisco Bay Area Water Transit Implementation and Operations Plan.
The plan shall include all appropriate landside, vessel, and support
elements, operational and performance standards, and policies.  In
preparing the plan, the authority shall review and consider, in
addition to other materials and information, the findings presented
in the document entitled "San Francisco Bay Area Water Transit
Initiative," dated February 1999, and prepared by the Bay Area
Council and the Bay Area Economic Forum, and shall include, but need
not be limited to, all environmental standards and conditions set
forth in that initiative.  The adoption of the plan shall be subject
to public hearings in all nine San Francisco Bay area counties, and
shall be reviewed by the Metropolitan Transportation Commission.  A
copy of the plan shall be submitted to the Legislature.  The
authority shall accomplish programmatic environmental impact reports
in connection with the adoption of the plan, as required under
Division 13 (commencing with Section 21000) of the Public Resources
Code.  The plan shall not be implemented until the Legislature by
statute approves the plan.
   (b) The plan shall investigate and provide for terminal locations
throughout the San Francisco Bay area.
   (c) The authority shall consult with the Metropolitan
Transportation Commission in preparation of the plan.  The commission
shall provide input and data in response to the authority's requests
in a responsive and timely manner.  The authority shall submit the
plan to the commission for review and comment not later than 90 days
prior to the date the plan is submitted to the Legislature.  The
commission shall prepare and transmit comments on the plan to the
authority not later than 90 days after the date the plan is submitted
to the commission for review.  The authority shall include any
comments received from the commission when submitting the plan to the
Legislature.
   (d) In compliance with subdivision (c), the Metropolitan
Transportation Commission shall do all of the following:
   (1) Provide the authority with relevant data and analytical
criteria for the evaluation of cost-effectiveness of alternative
forms of transit, high-occupancy vehicle lane expansion, or other
transportation investments in the corridors that potentially would be
served by the authority.
   (2) Collaborate with the authority in updating the water transit
demand model to include travel forecasting on each of the proposed
water transit corridors.
   (3) Collaborate with the authority in the development of feeder
system proposals.
   (4) Identify all necessary and appropriate steps required to
coordinate the water transit system with other elements of the San
Francisco Bay area transportation network.
   (e) The primary focus of the authority and the plan shall be to
provide new or expanded water transit services and related ground
transportation terminal access services that were not in operation as
of June 30, 1999.  The authority shall seek to cooperatively involve
in the implementation planning and operations all existing water
transit services and related ground transportation agencies in whose
jurisdictions existing or planned water transit terminals are
located.  The authority shall operate in good faith to avoid
negatively impacting water transit services and related ground
transportation terminal access services in existence as of June 30,
1999.  The authority may not request an allocation of any funds that
were available to the Metropolitan Transportation Commission for
allocation on June 30, 1999, including the revenues dedicated from
state-owned bridges to ferry services as of June 30, 1999, and
revenues derived continuously from sources in the amounts and manner
as specified in law in effect as of June 30, 1999.
   (f) The authority may not operate water transit services that are
scheduled at the same time, from the same origin, and to the same
destination as publicly sponsored services, if those public services
were in operation as of June 30, 1999.  The authority shall provide
ferry services at only those terminals in which docking rights have
been obtained with the consent of the owner of those rights.
   (g) Following approval by the Legislature, by statute, of the
plan, the authority shall negotiate in good faith, as described
below, with public sponsors of existing water transit services and
related ground transportation terminal access services to provide
services in the approved plan that would expand or augment existing
services in their service district, as defined by law, or in plans of
the Metropolitan Transportation Commission that existed and were in
effect as of June 30, 1999.  Good faith negotiations shall include
all of the following steps:
   (1) Notification by certified mail from the authority to the
public sponsor of existing water transit services or related ground
transportation terminal access services, hereafter referred to as the
notified agency, setting forth the specific services to be
negotiated, including performance standards and conditions and cost
reimbursement available according to the plan approved by the
Legislature.
   (2) A period of 30 days from receipt of the notification required
under paragraph (1) for the notified agency to declare in writing to
the authority by certified mail their intent to negotiate in good
faith.  If the notified agency does not so declare in writing to the
authority within 30 days, the notified agency shall be deemed not
interested in negotiating for the service and the authority may
announce a competitive bid process or take actions to directly
operate the service if the board of directors of the authority makes
a public finding that the action is in the public interest.
   (3) A period of 90 days from declaration of intent to negotiate by
the notified agency for the authority and notified agency to
negotiate in good faith to reach agreement.
   (4) The authority and notified agency, by mutual agreement, may
extend the period for good faith negotiations.
   (5) Notwithstanding the procedure described in subdivision (h), if
at the end of 90 days or the mutually agreed-upon extension period
for negotiations, the authority and the notified agency have not
reached agreement for operation of the service, the authority may
announce a competitive bid process.  The notified agency may
participate in that competitive bid process.
   (h) If at the conclusion of the good faith negotiations process
there is a dispute between the authority and the notified agency as
to the impact of proposed new services on existing services, the
matter shall be submitted to the Metropolitan Transportation
Commission for resolution pursuant to Section 66516.5 of the
Government Code.  The Metropolitan Transportation Commission shall
make a determination based on the demand model adopted by the
authority as to whether the proposed new service will have a minor or
major impact on services existing as of June 30, 1999.  A minor
impact means an impact that reasonably and potentially diverts less
than 15 percent of the passengers using services that were in
existence as of June 30, 1999.  A major impact means an impact that
reasonably and potentially diverts 15 percent or more of the
passengers using services that were in existence as of June 30, 1999.
  If the proposed new service will have a major impact, the authority
may not operate a water transit service in that location without
mutual agreement between the authority and the notified agency.  If
the proposed new service will have a minor impact, the authority may
initiate service according to the procedures contained in subdivision
(g).
   66540.22.  The San Francisco Bay Area Water Transit Implementation
and Operations Plan shall include all of the following:
   (a) A detailed description of the high-speed water transit system,
including, but not limited to, all routes to be operated and
terminals to be served during the 10-year period following funding of
the authority.  The description may include phasing of the routes to
be served and terminals to be constructed.
   (b) An adopted demand model based upon ridership surveys conducted
throughout the region and an updated demand model developed by the
Metropolitan Transportation Commission.
   (c) A water transit demand analysis, based upon the demand model,
of the demand forecast and cost-effectiveness for the water transit
system as a whole and for each corridor to be served.
   (d) Architectural design criteria and standards for terminals and
landside facilities to meet the performance objectives and
operational criteria.  The architectural design criteria and
standards for terminals shall be developed in cooperation with the
community advisory committee and in consultation with local
jurisdictions that are prospective hosts of terminals for the water
transit system.
   (e) An intermodal plan to connect water transit services with
other modes of transportation and public transit, including, but not
limited to, cooperative arrangements with existing public transit
services and new intermodal services.  The intermodal plan shall be
developed in cooperation with the community advisory committee, the
technical advisory committee, and existing ground transportation
agencies.
   (f) A feasibility analysis and proposal for the use of new
technologies and alternative fuels in marine engines and ground
transportation intermodal services, to the extent feasible, to
minimize air emission and water pollution impacts from the system
operations.  The analysis shall be conducted in cooperation with the
Bay Area Air Quality Management District, the Regional Water Quality
Control Board, and the Bay Conservation and Development Commission.
   (g) A plan for monitoring air emissions and water impacts that is
mutually agreed upon by the authority and the entities listed in
subdivision (f).
   (h) Design specifications for vessels, consistent with the
architectural design criteria and standards for the terminals and
landside facilities and the feasibility analysis to minimize air
emission impacts.
   (i) A plan for acquiring the requisite vessels, including, but not
limited to, a proposed request for proposals, that incorporates the
design specifications and seeks to support shipbuilding and fleet
maintenance within the region to the extent possible.
   (j) A plan for ensuring safety of vessel operations traveling on
the San Francisco Bay.  The plan shall be developed in cooperation
with the California Maritime Academy and the United States Coast
Guard.
   (k) A systemwide regional programmatic environmental impact report
and study of the plan, consistent with the requirements of the
California Environmental Quality Act (Division 13 (commencing with
Section 21000) of the Public Resources Code) and the National
Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.).  The
report shall include an independent evaluation conducted by the Bay
Area Air Quality Management District to assess the air quality
impacts of the complete water transit system, as set forth in the San
Francisco Bay Area Water Transit Implementation and Operations Plan,
in comparison to transporting the same number of people over the
same distance by motor vehicles and other modes of transportation.
   (l) An overall funding and financing plan based upon the detailed
description of the water transit system and demand analysis,
including, but not limited to, acquisition and construction phasing.

   (m) A projection of capital and cash-flow requirements, including,
but not limited to, costs for vessels and associated maintenance
facilities, terminals and associated land use costs, and costs for
feeder vehicles and associated maintenance facilities.
   (n) A projection of operating costs and revenues, including, but
not limited to, projected patronage, fare structure, and fare
revenues for water transit and feeder services.
   (o) A proposal for ongoing operating financial support.
   (p) An analysis of the cost-effectiveness of the water transit
system in comparison to other options for mobility and disaster
relief and recovery.  The analysis shall be prepared in cooperation
with the Metropolitan Transportation Commission.
   66540.23.  Notwithstanding any other provision of law, the
authority may not operate the water transit system until the plan has
been approved by the Legislature by statute.
   66540.24.  The authority shall operate a comprehensive San
Francisco Bay area regional public water transit system, that
includes water transit terminals, feeder buses, and any other
transport and facilities supportive of the system.  The primary focus
of the authority shall be the provision of services through the
development and operation of a comprehensive water transit system.
   66540.26.  (a) The authority shall plan for, coordinate, and
effect the delivery of feeder bus services that serve the water
transit terminals.  The plans shall be coordinated with local public
transit operators.
   (b) For the purposes of carrying out subdivision (a), the
authority may do all of the following:
   (1) Enter into agreements with public transit operators for the
provision of feeder transit services that offer direct linkages to
the water transit system.
   (2) Own rolling stock, and operate feeder bus lines and other
forms of feeder transportation, as needed, that offer direct linkages
to the water transit system.
   (3) Contract with public, private, nonprofit, and for-profit
franchisees for the purpose of providing feeder transportation
services that offer direct linkages to the water transit system.
   (4) Take any other actions necessary and proper to ensure that
feeder transportation services are provided.
   66540.28.  The authority may accept, through purchase of fee,
conveyance of title, long-term lease, or other means deemed
appropriate, the vessels, terminals, maintenance and support
facilities, and other assets of public water transit providers.
   66540.30.  The authority shall, in coordination with local public
agencies, construct, acquire, develop, jointly develop, own,
maintain, operate, and lease property and facilities which are
elements of the operations of the San Francisco Bay area water
transit service, including terminals, parking, maintenance and
administration facilities.
   66540.32.  The authority may enter into agreements for the joint
use or joint development of any property rights, including air
rights, owned by the authority.
   66540.34.  The authority shall set fares for travel on the water
transit system that it operates, and define and set other fares and
fees for services related to the water transit system without the
approval of the Public Utilities Commission.
   66540.36.  The authority may acquire real or personal property,
through negotiation, purchase, lease, or gift.
   66540.38.  The authority may exercise the power of eminent domain
within the region described in subdivision (b) of Section 66540.2,
except in areas of national park lands, to take any property
necessary, incidental, or convenient to carry out the purposes of the
authority.  In the event that the power of condemnation is
exercised, the authority shall duly notify the local jurisdiction in
which the property is sited and the special district that owns the
facility, and shall exercise the power of eminent domain only with
the formal consent of that jurisdiction.  Eminent domain can be
exercised only if the authority, the affected local jurisdiction, and
the special district each approves its use by a two-thirds vote.
   66540.40.  The authority may acquire, own, lease, construct, and
operate water transit vessels and equipment, including, but not
limited to, real and personal property, and equipment, and any
facilities of the authority, except those facilities providing access
to national parks.
   66540.42.  The authority may select franchisees, which may be
private or public, for those operating elements of the water transit
system and related facilities of the authority.
   66540.44.  The authority may enter into contracts with public,
private, and nonprofit entities for the provision of services and
materials necessary to carry out its purposes.
   66540.46.  The authority shall prepare and implement annual
operating budgets for the operation of the San Francisco Bay area
water transit system, associated terminals, and related feeder
transit and support services.
   66540.48.  The authority shall contract with an independent
certified public account for an annual audit of the financial records
and books of the authority.  The accountant shall submit a report of
the audit to the board and the board shall make copies of the report
available to the public.
   66540.50.  The authority may apply for and receive grants from any
and all state and federal agencies.
   66540.52.  The authority may solicit and accept gifts, fees,
grants, or allocations from other public and private entities.
   66540.54.  The authority may sue and be sued.
   66540.56.  The authority may issue revenue bonds.
   66540.58.  The authority may incur bonded indebtedness and receive
and manage a dedicated revenue source.
   66540.60.  The authority may deposit or invest any moneys of the
authority in banks or financial institutions in the state in
accordance with state law.
   66540.62.  The authority shall prescribe a method of securing
employees, and shall adopt rules and regulations governing the
employment of employees including the establishment of a retirement
system.  If the authority determines that it is in the best interests
of the employees of the authority, the authority may enter into a
contract with the Public Employees' Retirement System.
   66540.64.  The authority may create, oversee, and terminate
special advisory committees.
   66540.68.  The authority is subject to the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and the National Environmental
Policy Act of 1969 (42 U.S.C.  Sec. 4321 et seq.).
   66540.70.  The authority shall not exercise the power to levy any
tax or to seek that authority for any purposes.
   66540.72.  The authority shall be funded through appropriations
made under the annual Budget Act.
  SEC. 3.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
